Workshop by Jenny Jones - Terms and Conditions
This sets out the terms and conditions of sale and operations of the organisation and provision of Courses (as defined below) provided by the Company (as defined below) either sold online via www.workshopbyjennyjones.com, by telephone or by email (“these Terms and Conditions”). By making a Booking with the Company, the Client agrees to and acknowledges these Terms and Conditions on behalf of itself and for and on behalf of each member of its Party (each such term as defined below).
1.1 Unless otherwise defined in these Terms and Conditions, the following words and expressions shall have the following meanings:
“Booking” means the request made by a Client, whether made online via www.workshopbyjennyjones.com, by telephone or by email, for a Course.
“Booking Confirmation” means the email confirmation sent by the Company to the Client confirming the Booking, once the relevant Deposit has been received.
“Booking Documents” means the Booking, the Booking Confirmation and the Invoice.
“Client” means the Person that makes the Booking for themselves and/or for and on behalf of one or more other Persons.
“Company” means JMJ Snow Limited (company registration number 09095369) of Ballards Place, Eardiston, Tenbury Wells, Worcestershire WR15 8JR, United Kingdom and any of its subsidiary undertakings (as defined in the Companies Act 2006) from time to time.
“Course” means a specialist and challenging sports course gaining skills in surfing, skiing, cycling, yoga or snowboarding (as the case may be) provided by the Company.
“Course Supplier” means any supplier of products or services which such product or service does form part of and is included in the costs of the Course.
“Deposit” means the non-refundable deposit (in the amount as stated on the Invoice) to be paid by the Client in order to confirm the Booking.
“Invoice” means the invoice sent by the Company to the Client after receipt of a Booking from that Client and resent when the outstanding balance is due, setting out the terms of payment and sale in relation to the Course.
“Party” means all Persons travelling under one single Booking.
“Person” means any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) as the context so requires.
“Sterling”, “GBP” or “£” means the single lawful currency unit of the United Kingdom from time to time.
“Third Party Supplier” means any supplier of products or services which such product or service does not form part of the content of or the costs of the Course and includes, but is not limited to, insurance providers, travel providers, travel agents and other local suppliers
1.2 Unless a contrary indication appears, a reference to:
A provision of law is a reference to that provision as amended or re-enacted;
A time of day is a reference to London time; and
A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in London.
1.3 A reference to a “Client” shall be deemed to include each member of its Party where the context so requires.
2. Booking Process and Payment
2. 1 By making a Booking, the Client confirms that, on behalf of itself and each member of its Party, it has the appropriate level of expertise in order to participate in the Course stated in the Booking.
2.2 Upon receipt of a Booking from a Client, the Company shall confirm availability of, and eligibility with respect to the Course requested and if accepted by the Company, the Company shall send the Invoice requesting payment of the Deposit by the Client within 10 working days after the date on which the Invoice is sent to the Client, unless alternative arrangements have been agreed in writing with the Company, or unless otherwise stated in the Invoice.
2.3 Given the specialist nature of the Courses, the Company reserves the right to accept or reject any Booking in its absolute discretion which shall include refusing Bookings if, in the Company’s reasonable opinion, the Client and/or a member of its Party is (are) not suitable to participate in the Course due to the physical nature of the Course and would thus require an unreasonable level of supervision and/or assistance on the Course and/or by Course Suppliers.
2.4 Upon receipt of the Deposit, the Company shall send a Booking Confirmation to the Client within 10 working days and accordingly the Booking is deemed to be confirmed.
2.5 In the event that the Client does not receive the Booking Confirmation within 10 working days of the Deposit being made by the Client, the Client shall immediately contact the Company so that the Company can locate the funds relating to the relevant Deposit and confirm the status of the Booking accordingly.
2.6 Upon receipt of the Booking Confirmation, the Client should thoroughly check all of the details and inform the Company immediately in the event of any incorrect information. It is the responsibility of the Client to ensure that all information (including the contact email and mobile telephone number details and any such contact mobile telephone number details should be a mobile number that will work in the country in which the Course shall take place and one that will be with the Client on the day of travel) provided to the Company or contained in the Booking Documents is correct.
2.7 The Company accepts no responsibility whatsoever for misinformation given by a Client and any failure in services resulting from the Company having incorrect information shall be deemed to be the fault of the Client.
2.8 All Booking Confirmations are subject to the eligibility criteria set out in clause 3 below.
2.9 Where a Booking is made for and on behalf of two or more Persons (or where the Client making the Booking is making a Booking for and on behalf of other Persons (rather than themselves)), the Client making the Booking shall be deemed to do so on the basis that such Client acts as an agent for both or all Persons within the Party and acknowledges and accepts these Terms and Conditions for and on behalf of each member of the Party. For the avoidance of doubt, the Client is deemed to acknowledge and accept these Terms and Conditions when accepting a quote for a Booking and/or when confirming a Booking and/or making any payment, in each case for themselves and for all other Persons within the Party.
2.10 Unless other alternative arrangements have been agreed in writing with the Company or unless stated in the Invoice, the Client shall be required to pay the remaining balance due by 90 days prior to the start date of the Course.
2.11 To the extent that the Client fails to pay the remaining balance by 90 days prior to the start date of the Course, the Company reserves the right to cancel the Client’s place, and each member of its Party’s place, on that Course and accordingly the Course will be deemed to be cancelled by the Client. For the avoidance of doubt, the Company shall not be obliged to refund any Deposit paid by such Client.
2.12 The Company reserves the right to impose surcharges to the price of any Course in order to reflect any unforeseen and excessive fluctuations in currency and/or as a result of changes in legislation which significantly increases the cost of providing a Course. The Company shall absorb increased costs of up to a 2% of the cost of the Course, and to the extent that such increased costs exceed 2% of the cost of the Course, the Client shall pay the additional costs incurred. If such surcharges exceeds 10% of the Cost of the Course, the Client shall have the right to cancel the Course and receive a refund for all amounts paid to date. For the avoidance of doubt, the Company shall not be liable to pay any refunds in the event that the current rate improves between the date of the Booking and the date of the Course.
2.13 In the event that a Client and/or any member of its Party turns up for a Course for which no payment has been received, such Persons shall not be accepted onto that Course and the Company shall take no responsibility for any costs and/or charges incurred by such Persons.
2.14 In the unlikely event that a Booking is made within 90 days prior to the start date of a Course, the Client shall be required to pay the full cost of the Course within 10 working days after the date on which the Invoice is sent by the Company to the Client.
2.15 All prices for Courses shall be calculated, and quoted in, and paid for in Sterling. All prices include United Kingdom valued added tax (VAT), unless otherwise stated in the Invoice.
3. Conditions of Entry onto a Cours
3.1 Each Booking Confirmation is subject to the eligibility criteria set out in this section.
3.2 Each Client and/or member of its Party shall be 18 years old, or over, on the first day of the month in which the Course takes place.
3.3 Each Client shall comply with all payment obligations with respect to the Booking Documents and/or the Course booked.
3.4 Each Client shall, in respect of itself and each member of its Party, supply all travel details (including flight numbers if applicable), evidence of full travel and medical insurance covering the duration of the Course, and emergency contact information within the timescales specified by the Company in the Booking Documents.
3.5 Each Client shall, in respect of itself and each member of its Party, shall disclose any medical conditions that may affect full participation on any activity on the Course, and warrant that it is, and each member of its Party is, medically fit to participate in the Course. If requested by the Company, the Client and/or any member of its Party shall undergo a full medical check and produce a medical certificate (at their own expense) in respect of such medical check by the date of the final payment of the Course as specified in the Booking Documents. It is the responsibility of the Client, and of each member of its Party, to ensure that they have any necessary medication or medical equipment required during the Course.
3.6 In the event that a Course is a water sports course, the Client and each member of its Party confirms that they can each swim at least 400m (16 laps in a 25 metre pool) front crawl. The Company reserves the right to request either a reference from an acceptable resource, or the Client and/or any member of its Party to conduct a swim test in the presence of a representative of the Company.
3.7 For the duration of the Course, the Client, and each member of its Party, shall comply with, these Terms and Conditions and the Company’s code of conduct at all times which shall be given to the Client prior to the Course. Further, the Client and each member of its Party shall at all times for the duration of the Course comply with the laws, customs, foreign exchange and/or drug regulations of the country in which that Course takes place.
3.8 Violation of clause 3.7 shall result in the Company taking disciplinary action, as set out in these Terms and Conditions, and may result in immediate dismissal from, and termination of, the Course, in which case the Company shall not be obliged to refund any of the payments made in respect of the Course.
3.9 In the event that the Client or any member of its Party do not have the requisite level of expertise for the Course booked in the Booking Documents, that Person shall not be able to participate in the Course and accordingly, that Person shall be deemed to have cancelled that Course without sufficient notice so that the Company shall not be obliged to refund any amount paid with respect to the Course.
4. Cancellations and Refunds
4.1 Each Client shall be entitled to cancel a Booking Confirmation by providing written notice at least 90 days prior to the start date of the Course specified in such Booking Confirmation to the Company requesting a cancellation, in which case the Company shall effect such cancellation and shall be entitled to retain the Deposit. The Client shall receive an email from the Company confirming any such cancellation requested in accordance with this paragraph.
4.2 In the event that a Client provides notice of cancellation less than 90 days prior to the start date of the Course specified in the Booking Confirmation, the Client shall be liable for the full costs of the Course.
4.3 In the event that a Client is booking on behalf of more than two Persons and only one such Person in the Party wishes to cancel the Booking, the Company shall cancel the Booking in respect of that Person only, subject to the provisions of clause 4.1 and 4.2 above.
4.4 In the event that a Client or any member of its Party injures themselves before the start date of or during the Course thus preventing such Person from participating in the Course, the Company shall not be held responsible and shall not be required to make any refund, unless such injury is incurred as a direct result of the Company’s negligence.
4.5 If a Client or any member of its Party does not show up for the Course or leaves the Course prior to the end date of the Course (other than as a result of a breach of these Terms and Conditions by the Company), the Client shall be liable for the full costs of the Course and no refund shall be paid by the Company in respect thereof.
4.6 In very rare circumstances, the Company may be required to make alterations to a Course or even more rarely to cancel a Course. If prior to the start date of the Course, such alterations make a significant change in the structure of the Course, the Client shall be entitled to (a) accept the alteration(s) and any impact (if any) on the price of the Course, (b) book another Course with the Company, subject to availability and payment or refund in respect of a different price of that other Course, or (c) withdraw from the Course and receive a full refund of any payments paid in respect of that Course. The Client shall inform the Company of its choice within 7 days of receiving notice of such alterations. For the avoidance of doubt, the Company shall not be liable and no compensation amounts shall be payable in the event that any alternations are minor in nature.
4.7 Further, the Company reserves the right to make alterations to a Course on or after the start date of the Course without prior notice, including alterations to the itinerary, if circumstances should require.
4.8 In respect of any cancellation (howsoever incurred), the Company shall not be liable for any incidental costs and/or charges incurred (which includes, but not limited to, visas, vaccinations, insurance and/or travel arrangements).
4.9 For the avoidance of doubt, the Company shall not take any responsibility or be liable to pay any refund if a Course is cancelled or altered as a result of a breach by a Client or any member of its Party of these Terms and Conditions entitling the Company to cancel or alter such Course.
4.10 The provisions of clause 8 apply to this clause 4.
5. Courses and Third Party Suppliers
5.1 The Client acknowledges and agrees that any information supplied by the Company regarding the Courses, including content published by third party advertisers, is provided in good faith and based on the knowledge and information given to the Company prior to the publication of the written material and sometimes months prior to time of departure for a Course. Accordingly, certain statements may go out of date from time to time so a Client wishing to place specific reliance on any statement in any information provided by the Company, which was believed to be correct at the time, should seek written confirmation of that statement before accepting the offer of a place on a Course.
5.2 The Client further acknowledges and agrees that participation in a Course may require a certain amount of flexibility from them and each member of its Party. The itinerary for the Course, as stipulated on the website, is an indication of the Company’s intention rather than a contractual obligation. Unforeseen local conditions or events may sometimes necessitate changes to the itinerary, accommodation, or means of transport. Weather conditions or sea states may sometimes mean that planned trips or lessons are not possible.
5.3 The Client understands that water sports expose a Person to risks such as drowning or being harmed by sea creatures; and skiing and snowboarding expose you to the dangers of the mountains. Accordingly, the Company has accepted the Booking on the understanding that the Client, and each member of its Party, appreciates the potential risks involved in participating in the Course, including injury, disease, loss/damage to personal property, inconvenience and discomfort and that the Client and each member of its Party is physically and mentally capable of participating fully in the Course.
5.4 The Client further acknowledges and agrees that prices outside of the scope of the Course, such as visas, airfares, travel costs, insurance, taxes and activities not included in the Course, may vary and the Company accepts no liability for increases in cost in respect thereof.
5.5 The Client agrees (on behalf of itself and each member of its Party) to comply with all reasonable requests made by the Company with regards to the Client’s personal wellbeing (or that of any member of its Party), and the wellbeing of others.
5.6 The Client agrees (on behalf of itself and each member of its Party) to comply by the rules and/or any terms and conditions of all Third Party Suppliers who may provide you with products, or services, during your Course. If the Company has provided the Client with the details of such Third Party Suppliers this information and/or assistance purposes only and does not constitute an endorsement of the respective Third Party Supplier. The Company accepts no liability in respect of products or services procured by a Client from Third Party Suppliers, including but not limited to, travel agents, insurance providers, and local suppliers.
5.7 The Company shall ensure that any Course Supplier with whom it works has or shall put in place appropriate public liability insurance cover prior to the start date of the relevant Course.
5.8 Whilst the Company is committed to ensuring the safety of the Client and each member of its Party, the Company does not accept liability for any negligence on the part of any Third Party Suppliers, however the Company shall endeavour to provide as much support and assistance in such instances, as reasonably possible, provided that any such support and assistance shall be non-financial in nature.
5.9 In the event that the Company (at its discretion) provides a Client or any member of its Party with financial support or assistance, the Client shall be required to reimburse all monies prior to the end of the Course.
5.10 The Client acknowledges and agrees that all sports carry a risk of personal injury. The Client has the right to refuse taking such risks which they believe may endanger their health or safety, or which are not covered by their personal insurance policy. The Client agrees and acknowledges that the Company will not be held liable for any injury or damage caused to them or any member of its Party where that Person has taken a risk willingly, and the injury or damage arose other than as a result of the Company’s negligence.
5.11 The Company advises each Client to seek medical advice with regards to the country to which the Client is travelling, and each Client understands that it is their responsibility to seek medical advice with regards to visiting the country in which the Course booked takes place. The Company will not provide assistance on such medical advice, including but not limited to medication, or vaccinations. The Company will not be liable for any resulting illness that occurs due to the Client’s (or any member of its Party’s) failure to seek such medical advice.
6.1 The Client accepts that it is compulsory to obtain travel insurance for each member of its Party by the time of the date of departure for the Course, and the Booking is accepted on this basis. The insurance policy must cover cancellation, curtailment, repatriation, legal expenses, medical and emergency travel, personal accident, personal liability, rescue and assistance, hijack, and travel delay. The Client must ensure that such policy covers all sporting activities that the Client and each member of its Party may be involved in during the Course, which are provided by the Course Suppliers, and in respect of any Course involving winter sports, the policy must specifically include winter sports and off piste skiing / snowboarding.
6.2 The Company accepts no responsibility for the loss or damage to personal property, unless it has been lost or damaged as a result of the Company’s negligence. Accordingly, the Company recommends that the Client ensures that its insurance policy extends to cover loss of personal property by theft or accident.
6.3 The Company reserves the right to cancel a Booking or terminate participation in a Course at its sole discretion if it is not satisfied with a Client’s (or any member of its Party’s) insurance arrangements and the suitability of such arrangements for that Course.
6.4 The Company further advises that each Client should make themselves aware of current Foreign Office travel advice in respect of countries to which they are travelling, see www.fco.org.uk for further details.
7.1 Each Client and each member of its Party must possess a full passport valid for at least 6 months beyond the departure date of the Course.
7.2 It is the Client’s (and each member of its Party’s) responsibility to obtain and pay for the cost of any visa required in order to participate in the Course and the Company is not responsible for any costs in relation thereto. Further, the Company is not responsible in the event that any visa is refused, including any costs incurred as a result thereof.
7.3 In the event that a Client or any member of its Party is refused a visa which results in that Person being unable to participate in a Course, the Company shall not be liable for any costs incurred by that Person and accordingly, that Person shall be deemed to have cancelled the Course without the requisite notice and the Company shall not be required to issue any refund.
8.1 Nothing in these Terms and Conditions shall limit the Company’s liability for death or personal injury caused by negligence, or fraud or fraudulent misrepresentation or any other liability which cannot be excluded by law.
8.2 Subject to clause 8.2 above, to the fullest extent permissible by law, the Company shall not accept any responsibility or liability for any loss or damage suffered by the Client or a member of its Party where such loss or damage is not due to negligence from the Company or its employees, agents, contractors, or service providers, including but not limited to where any such failure or improper performance is attributable, in whole or part to: (a) the Client or a member of its Party, (b) any circumstances beyond the Company’s reasonable control including, but not limited to, exceptional, severe or adverse weather conditions, compliance with requests of the police, law enforcers, customs officers or other government official, war or threat of war, riot, strike, civil unrest, industrial action, vandalism, act or threat of terrorism, any force majeure event (including any act of God or natural disaster), health issues relating to any Person participating in a Course (including any instructor or guide), problems caused by other participants on a Course or any other event or circumstances affecting the safety of any participant on a Course and (c) any Third Party Supplier.
8.3 For the avoidance of doubt, in no event shall the Company be liable for any damages relating to loss of opportunity or inconsequential losses and/or any loss or damage relating to cancellation of flights, flight delays or costs incurred from missed flights or flight delays.
8.4 Further, the Company shall not be liable and shall not provide a refund or compensation if a Course is cancelled due to unforeseeable circumstances, beyond its reasonable control which could not have been avoided even if all due care had been exercised. This includes, but is not limited to, exceptional, severe or adverse weather conditions, compliance with requests of the police, law enforcers, customs officers or other government official, war or threat of war, riot, strike, civil unrest, industrial action, vandalism, act or threat of terrorism, any force majeure event (including any act of God or natural disaster), health issues relating to any Person participating in a Course (including any instructor or guide), problems caused by other participants on a Course or any other event or circumstances affecting the safety of any participant on a Course.
8.5 Accordingly, the Company shall only be liable for any reasonable and foreseeable consequential losses arising directly out of a breach of contract and the Company’s total liability (howsoever arising) shall be limited to a maximum amount of £100 per Party, provided that nothing in these Terms and Conditions shall affect a Client’s or any member of its Party’s statutory rights.
8.6 The Company excludes any liability for the non-performance or improper performance by any Course Supplier (including any hotelier) to the fullest extent permitted by law and, in the event that such liability cannot be excluded, the Company’s total liability is limited to the amount that the Company can validly cover against such Course Supplier (a) in accordance with any applicable domestic law or the laws of England for claims other than death or bodily injury arising out of such service arising out of travel, carriage, or accommodation within the United Kingdom or which is otherwise international, and (b) in accordance with any applicable international conventions governing such service for all claims arising out of travel, carriage or accommodation.
8.7 Unless a longer period is provided for by law, all claims or court proceedings against the Company must be commenced within one year after the last date of the Course in question.
8.8 For the purposes of this clause 8, the Company shall include its employees, agents, contractors, or service providers, who shall therefore have benefit of the limits and exclusions of liability set out in this clause 8 for the purposes of the Contracts (Rights of Third Parties) Act 1999.
9.1 If, during a Course, a Client or any member of its Party wishes to make a complaint, the Client should inform the Company as soon as possible. The Company shall investigate any complaints made and try to resolve them as soon as possible. If the matter cannot be resolved during the Course, the Client must write a letter to the Company’s office before the date one month after the end of that Course.
9.2 The Company will only deal with complaints made directly by the Client, or in the case of a Client making the Booking on behalf of another, a person who was a member of the Party on the Course in question.
10. Disciplinary Procedure
10.1 The Company’s disciplinary procedure may be evoked at the sole discretion of the Company. If a Client or any member of its Party feels that this procedure is being applied unfairly, or without cause, this should be raised directly with the manager for the Course in question, and if a Client or any member of its Party feels that the matter had not been satisfactorily resolved, the Client may make a complaint in accordance with clause 9 above.
10.2 The Disciplinary Procedure is as follows:
- After the first incident of unacceptable behaviour, or a breaking of the Company’s code of conduct or these Terms and Conditions, the Company will provide a verbal warning, explaining that the behaviour is unacceptable, and explain why this is so.
- If this behaviour continues, or the Company’s code of conduct or these Terms and Conditions is continually broken, the Company shall issue a written warning, explaining that a recurrence of this behaviour might result in termination of the Course, without reimbursement of fees.
- Upon recurrence of unacceptable behaviour, the Company may, in its sole discretion, require that the Person in question leave the Course immediately without reimbursement of fees.
10.3 For the avoidance of doubt, upon a serious breach of the Company’s code of conduct or these Terms and Conditions, the Company shall be entitled to immediately dismiss the Person in question from the Course without reimbursement of fees.
11. Personal Data
11.1 The Company agrees to keep all information, including contact details, supplied to the Company by the Client during the booking process confidential and not to disclose it to anyone, other than for the purpose of completing a Course and provided that, the Company may disclose any such information to any of its officers, directors, employees, professional advisors and auditors and as required or requested to be disclosed as a matter of law or regulation or by any court of competent jurisdiction or any governmental, banking, taxation or other regulatory or similar body.
11.2 The Company is committed to protecting each Client’s privacy, however certain personal information is required in order to respond to Bookings and meet each Client’s requirements. From time to time, the Company may use this information in order to notify a Client of special offers and/or news about the Company and its Courses. If a Client does not wish to receive this information, each Client has the ability to opt out by unsubscribing using the links on the email or by contacting the Company to unsubscribe for any or all marketing activity by clicking the unsubscribe button which is found on all emails, or at any time via email.
12.1 Each Client should read and understood these Terms and Conditions prior to submitting the Booking and paying the Deposit. Any questions regarding these Terms and Conditions should be raised before making the Booking.
12.2 A Client and/or any member of its Party may not assign or transfer a Booking to any person who is not already a member of that Party at the time of making the Booking without the prior written consent of the Company.
12.3 Save as expressly provided in clause 8.8, a person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms and Conditions.
12.4 The rights and remedies provided under these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
12.5 The Company reserves the right to vary and revoke these Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of its affairs. If, at any time, any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
12.6 These Terms and Conditions and any non-contractual obligations arising out of or in connection with them are governed by English law.
12.7 Any dispute arising out of or in connection with these Terms and Conditions (including a dispute relating to the existence or validity of these Terms and Conditions or any non-contractual obligation arising out of or in connection with these Terms and Conditions) (a “Dispute”), if not resolved by mutual agreement, shall be referred to a mediator.
12.7 If mediation is unsuccessful, then the courts of England and Wales have exclusive jurisdiction to settle any Dispute.